Civil Engineering Law - SB No. 2109 - R a No.544

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FIFTEENTH CONGRESS OF THEREPUBLIC OF THE PHILIPPINESFirst R egular ession

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SENATE

S B No. 2109

Introduced by Senator FRANCIS G. ESCUDERO

EXPLANATORY NOTE

The Civil Engineering Law, Eepublic Act No. 544, which governs thepractice of Civil Engineering in the Philippines, was last amended 49 yearsago.

Since then, the number of registered civil engineers has grown to over100,000 today. A new role for the civil engineer has likewise evolved in thelight of the globaliza tion and cross-boarder practice. Whereas before the civilengineer was confined to the application of technical knowledge with aboarder range of issues to deal with, the civil engineer now has to face thechallenges of integrating the socio-economic and environmental issues withthe technical aspects of the construct ion projects. The civil engineer is

constantl y challenged to des ign and build developments in a manner that isenvironmentally sound socially acceptable, and globally competitive.

This bill, with its proposed amendments of the law, seeks to achieve thefollowing objectives:

1. To attune the law to national development needs;

2 To strengthen the profession and enable civil engineers to cope with

the formidable challenges brought about by globalization and c r o s s ~

boarder practice;

3 To continually upgrade the level of competence of the civil engineersthrough:

a peer recogni tion of specialization in civil engineering;b continuous professional development ; andc the strengthening of the accredited professional organization of

civil engineers;

In view of the foregoing, the immediate passage of this proposedlegislation is earnest ly sought.



FIFTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINESFirst Regular Session

SENATE

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S. B. No. 2109

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Introduced by Senator FRANCIS G. ESCUDERO

AN ACTFURTHER AMENDING REPUBLIC ACT O ~ 544, AS

AMENDED, OR THE CIVIL ENGINEERING LAW

Be l enllcted y the Senllte Ilnd the I louse o Representlltives o the Philippinesin Congress IIssembled:

SECTION 1. Sections 2, 4, 13, 16 and 19 of Republic Act No 544, asamended, are hereby further amended to read as follows:

Section 2. Definilion ofTernzs

(a) The practice of civil engineering within the meaningand intent of this Act shall embrace services in the form ofconsultation, design, preparation of plans, specifications,estimates, erection, installation and supervision of theconstruction of streets, bridges, highways, railroads,airports and hangars, port works, canals, river and shoreimprovements, lighthouses, and dry docks; buildings,fixed structures [or irrigation, flood protection, drainage,water supply and sewerage works; demolition ofpermanent structures; and tunnels. The enumeration ofany work in this section shall not be construed asexcluding any other work requiring civil engineeringknowledge and application.

b) The term civil engineer as used in this act shallmean a person duly registered with the Board for CivilEngineers in the manner as hereinafter provided.

(C) ACCREDITED PROFESSIONALORGANIZATION OF CIVIL ENGINEERS (APOCE)SHALL MEAN THE PHILIPPINE INSTITUTE OF CIVIL

ENGINEERS (PICE) WHICH IS THE OFFICIALNATIONAL ORGANIZATION OF ALL REGISTEREDCIVIL ENGINEERS IN THE PHILIPPINES ASACCREDITED BY THE PROFESSIONALREGULATION COMMISSION.

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Section 4. Powers and duties of the Board - The Board ofExaminers of Civil Engineers is vested with authority,conformable with the provisions of this Act, to administeroaths, issue, suspend and revoke certificates of registrationfor the practice of civil engineering, [issue certificates ofrecognition to civil engineers already registered under thisAct for advance studies, research, and/ or highlyspecialized training in any branch of civil engineering,subject to the approval of the Secretary of the Public Worksand Communications,] to investigate such violations ofthis Act and the regulations, there-under as may come tothe knowledge of the Board and, for this purpose, issuesubpoena and subpoena duces tecum to secure appearance ofwitnesses in connection with the charges presented to theBoard, to inspect at least once a year educational

institutions offering courses in civil engineering, civilengineering works, project or corporations, established inthe Philippines and, for safe-guarding of life, health andproperty, to discharge such other powers and duties asmay affect ethical and technological standards of the civilengineering profession in the Philippines. For the purpose

of this act, the Director of the Public Works and/or hisauthorized representative in the provinces and charteredcities shall be ex officio agents of the Board and as suchshall be their duty to help in the enforcement of the

provisions of this Act.

The Board mayi, with the approval of the Secretary ofPublic Works and Communications issue] PROMULGATEsuch rules and regulations as may be deemed necessary tocarry out the provisions of this act. THE L TESTEDITION OF THE CIVIL ENGINEERING CODE, THEMANUAL OF PROFESSIONAL PRACTICE OF CIVILENGINEERS AS PREPARED BY THE APOCE ANDAPPROVED BY THE J,lOARD SHALL FORM PART OFTHE IMPLEMENTING RULES AND REGULATIONS.The Board shall also adopt a code of ethics in the practiceof civil engineering and have an official seal to authenticateits official documents.

SECTION 4 (A). CERTIFICATE OF SPECI LIZ TION

- IN ORDER TO ENCOURAGE THE CONTINUINGPROFESSIONAL DEVELOPMENT OF REGISTEREDCIVIL ENGINEERS, THE ACCREDITEDPROFESSIONAL ORGANIZATION OF CIVILENGINEERS (APOCE) BY THE PROFESSIONAL

REGULA TION COMMISSION SHALL BE VESTEDWITH AUTHORITY CONFORMABLE WITH THEPROVISIONS OF THIS ACT, TO ISSUE ACERTIFICATE OF SPECIALIZATION TO AREGISTERED CIVIL ENGINEER WHO HASDEMONSTRATED HIS ADVANCE KNOWLEDGE,EXPERIENCE, EDUCATION, AND TRAINING IN A



applicant a written statement setting forth its reason forsuch action, which statement shall be incorporated in therecords of the Board.

Section 19. Transitory Provisions As soon as this Act takeseffect, any person desiring to practice the profession ofcivil engineering shall be required to obtain a certificate ofregistration in the manner and under the conditionshereinafter provided. All civil engineers duly licensedunder the provisions of Act Numbered Twenty-ninehundred.and eighty-five, as amended at the time this Acttakes effect, shall be automatically registered under theprovisions hereof. Certificates of registration held by suchpersons in good standing shall have the same force andeffect as though the same have been issued under theprovIsIons of this Act. CERTIFICATES OFSPECIALIZATION ISSUED TO REGISTERED CIVILENGINEER BY THE BOARD OR ACCREDITEDPROFESSIONAL ORGANIZATION FOR CIVILENGINEERING (APOCE) HELD BY SUCH PERSONSIN GOOD STANDING SHALL HAVE THE SAMEFORCE AND EFFECT AS THOUGH THE SAME HAVEBEEN ISSUED UNDER THE PROVISIONS OF THISACT.

SEC. 2. Repealing Clause. - All other laws, decrees, presidential

issuances, proclamations, and administrative regulations inconsistent wi th or

contrary to the provisions of this Act are hereby amended modified or

repealed accordingly, specifically, among others, Executive Order No. 495

dated 06 December 1992.

SEC. 3. Separllbilily Clause. - In the event that any provision of

this Act is declared void or unconstitutional such declaration shall not affect

the validity of the unaffected prOVisions of this Act.

SEC. 4. Effectivity Clause. - This Act shall take effect fifteen 15)

days after its complete publication in at least two 2) newspapers of general

circulation.

ApprO ued,

Civil Engineering Law - SB No. 2109 - R a No.544

Documents

Transcript of Civil Engineering Law - SB No. 2109 - R a No.544